Resolution No. 5504 212
RESOLUTION NO. 5504
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2001-11 -WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with the
provisions of Section 35, Division 7 of the Zoning Ordinance of the City of Cypress to allow the
operation of an adult day care facility within an existing commercial building located at 5171
Lincoln Avenue within the PC Planned Community Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the objectives
of the Zoning Ordinance and the purpose of the PC Planned Community Zone in which the
site is located, which is:
Intended to permit a compatible mix of land uses, planned commercial
developments and business parks, and a variety of housing styles and
densities.
b. The proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health, safety or
welfare, or be materially injurious to properties or improvements in the vicinity in that:
(1) The proposed adult day care use is in compliance with the
conditionally permitted uses in the PC Zone and the provisions of the Lincoln
Avenue Specific Plan.
(2) A parking study conducted by Kimley-Horn and Associates
determined that the revised parking layout shown on the proposed project plans
would provide sufficient parking spaces to accommodate the proposed and existing
uses in the subject commercial center property.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2001-11, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 26th day of November, 2001.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
i
AITY CLERK OF 'ti CITY OF CYPRESS
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z3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM-GUERTIN, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 26th day of November, 2001, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan,McCoy,Piercy, Sondhi, and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
• t -jitudvtiond
Y CLERK OF T CITY OF CYPRESS
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EXHIBIT "A"
Conditional Use Permit No. 2001-11
5171 Lincoln Avenue
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. The applicant/developer shall defend, indemnify, and hold harmless, the City and any
agency thereof, or any of its agents, officers, and employees from any and all claims,
actions, or proceedings against the City or any agency thereof, or any of its agents, officers
or employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved by
the voters of the City, concerning the project, which action is brought within the time period
provided in Government Code Section 66499.37 and Public Resources Code, Division 13,
CH. 4 (§ 21000 et m. - including but not by way of limitation § 21152 and 21167). City
shall promptly notify the developer of any claim, action, or proceeding brought within this
time period. City shall further cooperate fully in the defense of the action and should the
City fail to either promptly notify or cooperate fully, developer shall not thereafter be
responsible to defend, indemnify, or hold harmless the City.
2. The applicant/developer's contractor shall provide the City with a Certificate of Insurance on
City form evidencing a comprehensive liability insurance policy with a combined single
limit of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or commissions
and employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty(30)day cancellation notice to the City of Cypress.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Conditional Use Permit No. 2001-11 shall be complied with
prior to commencement of the business operation.
6. All business activity shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning
Ordinance.
• Community Development Department •Planning Division •
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Exhibit "A" Page 2
Conditional Use Permit No. 2001-11
Conditions of Approval
7. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of Forty-Three Dollars ($43.00) County administrative fee, to
enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty-eight (48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void.
8. The applicants shall comply with all necessary requirements of the California Department of
Social Services, County of Orange Health Department, County of Orange Fire Marshal's
Office, and the City of Cypress Building and Community Development Departments prior
to operation of the adult day care facility.
9. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
COMMUNITY DEVELOPMENT CONDITIONS
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2001-11 will require an amendment to the conditional use
permit.
11. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
12. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
13. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
14. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
15. The applicant/developer shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Department.
16. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
• Community Development Department• Planning Division •
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Exhibit "A" Page 3
Conditional Use Permit No. 2001-11
Conditions of Approval
17. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
18. The hours of operation for the adult day care facility shall be limited from 9:00 a.m. to
6:00 p.m.,Monday through Saturday.
19. The City Council shall maintain the right to review the adult day care facility's hours of
operation and may, subject to a public hearing, limit the business hours should substantiated
complaints be received that the business hours are creating an adverse impact upon
neighboring properties.
20. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
21. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
22. The single-loaded bay of seven (7) parking spaces located behind Building 2 on the
proposed site plan shall be designed without wheel stops to allow drivers to enter and
exit those spaces from either direction without backing up.
23. The adult day care facility shall be fully licensed by all governing State of California
licensing agencies (i.e. Department of Health Services, Community Care Licensing).
Failure to maintain all required licenses in good standing with all licensing agencies
shall render the conditional use permit invalid. The applicant/business operator shall
provide copies of all disciplinary actions issued by the licensing agencies to the City's
Community Development Director within ten (10) days from the date the notices are
issued.
24. Any expansion or change in the use or in the type of license granted by the State or
other applicable licensing agency for the facility shall require a modification to the
Conditional Use Permit.
BUILDING CONDITIONS
25. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code,Title 24, and the Code of the City of Cypress.
• Community Development Department•Planning Division •
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Exhibit "A" Page 4
Conditional Use Permit No. 2001-11
Conditions of Approval
FIRE AUTHORITY CONDITIONS
26. Prior to the issuance of a building permit, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbing and signage. A drawing of
the proposed signage with the height, stroke and color of lettering and the contrasting
background color shall be submitted to and approved by the Fire Chief.
27. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire lane plan. The CC&R's, or other approved
documents, shall contain a fire lane map and provisions which prohibit parking in the fire
lanes. The method of enforcement shall be documented.
28. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chiefs approval for the construction of any gate across required fire authority access
roads/drives. Contact the Orange County Fire Authority at (714) 744-0499 for a copy of
the "Guidelines for Design and Installation of Emergency Access Gates and Barriers."
29. Prior to the certificate of occupancy, the applicant shall submit to the Fire Chief a list of
the quantities of all hazardous, flammable and combustible materials, liquids or gases to
be stored, used, or handled on site. These liquids and materials shall be classified
according to the Uniform Fire Code using the "Guideline for Completing Chemical
Classification Packets." The submittal shall provide a summary sheet listing each hazard
class, the total quantity of chemicals stored per class and the total quantity of chemicals
used in that class. All forms of materials are to be converted to units of measure in
pounds, gallons and cubic feet.
30. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of
intended use for each building on site to the Fire Chief for review and approval.
31. Prior to the issuance of a building permit, the applicant shall submit plans for the review
and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form.
Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the Fire Safety
Site/Architectural Notes to be placed on the plans prior to submittal.
32. Prior to issuance of a building permit, plans for an approved fire-suppression system for
the protection of commercial-type cooking equipment shall be submitted to the Fire Chief
for review and approval.
33. Prior to issuance of a building permit, plans for an approved fire-suppression system for
the protection of commercial-type cooking equipment shall be submitted to the Fire Chief
for review and approval.
• Community Development Department•Planning Division •
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Exhibit "A" Page 5
Conditional Use Permit No. 2001-11
Conditions of Approval
34. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval.
35. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval.
Effective: 11-26-2001
• Community Development Department •Planning Division •